The Week Ending March 31, 2000
This weekly report is written by ASCE's Government Relations staff. If you have questions or comments about any items in this report, please contact Brian Pallasch, Michael Charles, Martin Hight, Austin Fulk, or Liz Hermsen at 202/789-2200.
Inside This Week:
Manufactured Housing Bill Coming Up for Vote in House
The House of Representatives is scheduled to vote on legislation (H.R. 1776) on Thursday, March 30, that would alter the way the Department of Housing and Urban Development (HUD) establishes regulations for manufactured housing. The bill would form a standard-setting group that, at present, would not meet the American National Standards Institute (ANSI) requirements for standards developing groups. Therefore, ASCE opposes the bill in its current form.
ASCE was featured today in a Washington Post article about the proposed legislation.
ASCE earlier proposed an amendment to the bill that would provide greater protections for the buyers of manufactured homes, ensure a fair rulemaking process, prevent possible industry influence over the enforcement of federal regulation and energize the long-delayed regulatory process at HUD. However, the amendment has not been included in the current bill. ASCE agrees that legislation is needed to push HUD to modernize current manufactured housing regulations that have not been significantly altered in more than twenty years. Nonetheless, ASCE is concerned that the legislation, strongly backed by the manufactured housing industry, would blur the long-standing practice of developing industry safety standards apart from any consequent regulations.
Senate May Vote on Bill to Temporarily Repeal Gas Tax
The Senate yesterday approved a motion to proceed to vote on a bill, introduced by Majority Leader Trent Lott (R-MS), related to the federal excise tax on gasoline. The bill (S. 2285) would temporarily repeal, from April 15, 2000 to January 1, 2001, the 4.3 cents per gallon increase that Congress approved in 1993, or if the average national price of regular gasoline is at least $2.00, it would repeal the entire 18.4 cents per gallon federal excise tax. However, no motion to proceed with the bill has been filed and it is uncertain when an actual vote would occur because it appears that the Senate leadership does not yet have enough votes to pass the measure.
ASCE opposes the bill because gas tax revenues are directly deposited into the Highway Trust Fund under the Transportation Equity Act for the 21st Century (TEA-21) and any cut in those taxes could reduce highway funding to all states. The 4.3 cents tax on gasoline and diesel fuel generates $7.2 billion annually for the Highway Trust Fund while the same tax on aviation fuel provides about $700 million per year for the Aviation Trust Fund. Under TEA-21, all highway programs are decreased proportionally if tax revenues fall short. Though the 18.4 cents per gallon, and the inclusive 4.3 cents per gallon increase in 1993, is labeled as a tax, it is really a user fee - it helps to ensure that highway users pay for highway programs and air travelers pay for airport infrastructure.
Thanks to all ASCE Key Contacts who have contacted their Senators to urge the protection of highway trust funds.
ASCE Comments on Appropriations for Department of Commerce
ASCE has submitted comments to the House Appropriations Subcommittee on Commerce, State, Justice, the Judiciary and Related Agencies on the fiscal year 2001 appropriations for three agencies within the U.S. Department of Commerce. ASCE expressed support for the President’s budget request for both the Economic Development Agency (EDA) and the research programs of the National Oceanic and Atmospheric Administration (NOAA).
ASCE, however, expressed concern with the President’s request for the National Institute of Standards and Technology (NIST). Specifically, ASCE is concerned that funding for the Building and Fire Research Laboratory (BFRL) has been cut for FY 2001 and that coupled with years of no growth budgets, has compromised BFRL’s ability to carry out its mission. The BFRL works to improve the productivity of the U.S. construction industry and develops, working with the private sector, technologies to predict, measure and test the performance of construction materials, components and practices.
EPA Proposes to Renew Stormwater Permit for 29 Industries
The Environmental Protection Agency said this week that it plans to reissue general stormwater discharge permits for 29 industries located in those parts of the country where the Agency still retains permitting authority under the Clean Water Act.
The proposed permit, which was published in the Federal Register on March 30, will cover states and tribal lands in certain states in eight of EPA's 10 regions. The affected areas have not received authorization from the Agency to issue general stormwater permits under the National Pollutant Discharge Elimination System (NPDES) program.
EPA is proposing to re-issue the Multisector Storm Water General Permit to control stormwater discharges to protect water quality in rivers, lakes, wetlands and marine waters. The general permit was first issued in September 1995 and expires on September 29.
Copies of the proposed permit and additional information on the NPDES storm water program are available at http://www.epa.gov/owm/sw/phase2/.
Agency Proposes Plan to Curb Contaminants in Drinking-Water
The Environmental Protection Agency has announced new measures to protect an additional 40 million Americans from potentially dangerous microbes, including Cryptosporidium, in their drinking water. A new standard proposed by the EPA this week will provide the first-ever protection against these contaminants for people in small communities, the Agency said. The proposal is expected to prevent as many as 83,000 cases of waterborne illness each year.
Cryptosporidium, a microscopic parasite found in animal and other organic wastes, is one of several potentially harmful microbes that can contaminate drinking water. It is highly resistant to traditional disinfection treatments, and requires advanced filtration and other processes to be removed from water. A 1993 Cryptosporidium outbreak in Milwaukee sickened 400,000 people, hospitalized more than 4,000, and caused more than 50 deaths among people with weakened immune systems. Since then, there have been smaller Cryptosporidiosis outbreaks in Nevada, Oregon and Georgia.
In December 1998, President Clinton announced the first public health standards to remove Cryptosporidium in large water systems that serve 140 million people, to prevent up to 460,000 cases of waterborne illness a year. The 1998 standards strengthened filtration and monitoring requirements to remove Cryptosporidium and other microbes.
This week's proposal would extend these public health protections by requiring 11,500 small water systems serving fewer than 10,000 people each to protect against Cryptosporidium and will improve treatment processes at water systems of all sizes. Currently, more than 18 million people are served by these smaller water systems. To help communities upgrade their water systems, the Administration's FY 2001 budget proposes $825 million for the Safe Drinking Water Revolving Loan Fund. The fund, created by the Safe Drinking Water Act amendments of 1996, provides grants to make low-interest loans to cities to upgrade the nation's drinking water systems. This initiative maintains that fifteen percent of the loans must go to small communities.
Since 1996, this revolving loan fund has made almost $3.6 billion available to water systems around the country, and this month the EPA will have funded over 1,000 loans and grants under this program.
EPA will take public comment for 60 days on the proposals, called the "Long Term 1 Enhanced Surface Water Treatment Proposed Rule" and the "Filter Backwash Proposed Rule." Information on the proposals can be found at http://www.epa.gov/safewater.
Appeals Court Vacates EPA Rule on Chloroform Under SDWA
The U.S. Court of Appeals for the District of Columbia has struck down an Environmental Protection Agency regulation that set a "maximum contaminant level goal" (MCLG) of zero for chloroform in drinking-water.
"Finding the Agency's December 1998 rule adopting a zero MCLG for chloroform to be arbitrary and capricious and in excess of statutory authority, we vacate the rule," the Court announced on March 31.
The Safe Drinking Water Act (SDWA) requires EPA to set standards for the regulation of drinking-water contaminants. For each contaminant, EPA sets a "maximum contaminant level goal" ("MCLG"), defined as "the level at which no known or anticipated adverse effects on the health of persons occur and which allows an adequate margin of safety." After having set the MCLG, the Agency is to promulgate a legally enforceable drinking-water standard, known as a "maximum contaminant level" (MCL), which takes cost and other considerations into account while remaining as close to the MCLG as is feasible.
In March 1998, the Agency determined that human exposures to chloroform below some threshold level pose no risk of cancer. But in promulgating the MCLG later that year, the Agency retained the 1994 standard of zero, which was based on the previously held assumption that there was no safe exposure threshold. EPA said it was retaining the zero threshold level temporarily in order to confer with the Agency's Science Advisory Board (SAB).
"However desirable it may be for EPA to consult an SAB and even to revise its conclusion in the future, that is no reason for acting against its own science findings in the meantime," the Court of Appeals concluded. "The [SDWA] requires the Agency to take into account the 'best available' evidence [at the time]. EPA cannot reject the 'best available' evidence simply because of the possibility of [its] contradiction in the future by evidence unavailable at the time of action -- a possibility that will always be present," the three-judge panel ruled.
State Legislative Update
ASCE continues to provide updates on state legislation affecting civil engineers as state legislative sessions progress. For more information on the following bills, or any other state legislative matters, please contact Austin Fulk, ASCE’s Manager of State Government Relations, at (202) 789-2200 or via email at govwash@asce.org.
California
The California Assembly has slated a hearing Monday, April 3, on legislation to buy nearly 200 dams, owned by the Pacific Gas and Electric Co. (PG&E), assess their environmental impacts, and then sell or decommission them. Currently, the dams constitute the largest privately held hydroelectric system in the United States. The bill, A.B. 1956, was introduced in December by Speaker Pro Tem Fred Keeley (D) and is supported by a wide array of environmental, consumer, and water interests. The legislation stems from efforts to integrate better dam management into the state's problematic water supplies and by deregulation of California's electricity market a few years ago. The restructuring law requires utilities to divest their ownership of certain generating assets. PG&E, the largest private owner of hydroelectric assets in North America, intends to divest itself of all of its dams by March 2002.
Backers of a failed ballot initiative to lower the voter approval threshold for school bonds from two-thirds to 50 percent are considering another attempt, possibly in November. The initiative failed only by a small margin, and supporters are hopeful that it will do better on the November general election ballot, when voter turnout is likely to be higher.
Hawaii
Hawaii's Senate Resolution 91, introduced March 15 of this year, expresses concern about the way design contracts are awarded by the state. The resolution calls on the Senate Committee on Government Operations and Housing to develop legislation on the issue in conjunction with the American Institute of Architects.
Model State Legislation Now Available ASCE, in conjunction with ACEC, NSPE, and AIA, has produced a guide to model architect and engineer liability law legislation. The guide includes model legislation for statute of repose, sole source workers compensation, certificate of merit, and good samaritan statutes. If your state is examining tort reform, or if your tort laws that relate to design professionals need overhauling, this guide could be a vital tool for you and your section. To order copies, please contact Austin Fulk, ASCE's Manager of State Government Relations, at (202) 789-2200 or by email at govwash@asce.org.
ASCE Congressional Fellow Monthly Report, March 2000
Col. Mark Tillotson, the Omaha District Engineer and Ken Cooper, the Deputy District Engineer came to the office to update us on Current Projects and Capabilities in North Dakota. The Colonel presented some of the engineering and construction work which is ongoing in the state. The major rehabilitation of the Garrison Dam Power Plant includes replacement of turbine runners and is budgeted at $6,000,000 this year with an overall construction costs of $37,000,000.
Also this month, Senator Jim Jeffords (R, VT) asked for cosponsors for S. 1226, the Small Town Environmental Planning Act. I did some research on previous related legislation and prepared a background memo on the impact of the bill. The legislation will create a Small Community Advisory Committee which will identify regulations which pose significant compliance problems for small towns. A Small Town Ombudsman Office will be established in each EPA region to assist small communities with populations less than 7500. Senator Conrad reviewed the legislation and has agreed to sign on as a cosponsor.
The City of Williston, North Dakota has a need for a second water transmission pipeline. Their single pipeline burst last April and the National Guard had to provide water. This line will be a redundant 30-inch pipeline which will take a Northern Alternative route recommended by the City Engineer. The total length will be approximately five miles and will cost $3,900,000. I prepared a letter to Senator Bob Smith (R-NH) who is chair of the Senate Committee on Environment and Public Works. The project will be included in the 2000 Water Resources and Development Act (WRDA).
ASCE held its policy meetings on water and environmental issues this month. I attended some of the activities at our downtown Washington DC office at 15th and K Streets NW. The following day, ASCE sponsored a breakfast meeting in one of the House office buildings with Rep. Sue Kelly (R-NY) presiding. Rep. Kelly spoke about stormwater and combined sewer overflow (CSO) issues in her District along the Hudson River. ASCE is supporting her bill H.R. 2720 (S.1699), which is a bill that reauthorizes the Clean Water Act and funds the State Revolving Funds (SRFs) though 2005.
I also prepared a "Dear Colleague" letter for a potential Senate Supplemental Appropriations FHwA item. There is currently a backlog of about $535,000,000 of funding requests for Emergency Relief (ER) and Emergency Relief for Federally Owned (ERFO) roads projects nationwide. These projects are for emergency road repairs in declared disaster areas and are located in 23 states. We increased the appropriations amount to $600,000,000 to allow for any disasters which may occur during this fiscal year and to correspond to a similar process in the House. This letter will be cosigned by Senators Dorgan and Conrad and will be circulated to the other 22 states for cosignatories. The Devils Lake area of North Dakota alone has over $80,000,000 of current highway needs. California and North Carolina lead the list of unmet needs with La Nina road damages of over $185,000,000 and Hurricane Floyd road damages of over $43,000,000 respectively. There are many members in both Houses and in both parties that feel that these road repair funds cannot wait until the next budget round.
The Federal Aviation Administration held its 25th Annual FAA Aviation Forecast Conference "Aviation 2000". I attended the conference and got updates on the general outlook for aviation. While the conference was in session the Senate took up the AIR-21 Conference Report (H.R. 1000) which included a $40 billion FAA reauthorization. The bill increased allowable Passenger Facility Charges (PFCs) from $3.00 to $4.50. It added $6.7 billion in general funds to the roughly $33 billion in the Airport and Airways Trust Fund. The bill did not take the Trust Fund off-budget but did use procedural mechanisms to guarantee aviation spending. This legislation will give a significant boost to airport construction programs throughout the country. Senator Conrad voted yea on the measure.
The American Consulting Engineers Council held their 2000 Federal Legislative and Regulatory Program during the month. As Past-President of the Boston Society of Civil Engineers Section of ASCE I was invited to participate in the program and met with several of the officers from the Northeast States. On the following day I participated in the "Consulting Congress Day" and met with several offices of the Massachusetts delegation and talked about issues which affect the infrastructure and construction programs in Boston and statewide. I appreciated the time I spent with the ACEC officers and would recommend partnering with ACEC on any related issues where at all possible.
Later in the month a Capital Hill Symposium was held on Growth and Its Implications for Water Infrastructure in the Twentieth Century. The Keynote Speaker was Rep. Sherwood Boehlert (R-NY) who is an Honorary Member of ASCE. Rep. Boehlert called for renewed emphasis on water and wastewater infrastructure needs including support for the U. S. Army Corps of Engineers projects and state and municipal needs. The symposium featured a diverse panel of consulting engineers and public officials. The focus was on one of my favorite topics which is projected funding levels for infrastructure in the face of large increases in non-discretionary federal funding such as Medicare, Medicaid, Social Security and the interest on the national debt. EPA discussed the "Gap Analysis" which defines the difference between the US water and wastewater needs and monetary resources to meet those needs.
It was with great sadness that I heard of the passing of ASCE member Neal FitzSimons. As a winner of the ASCE History and Heritage Award, Neal had a great interest in civil engineering history. Recently he had discovered some of the letters of Rudyard Kipling. Taking interest in this I had started to read or reread some of Kipling’s works and this past month was working through some of his short stories, "Maugham’s Choice of Kipling’s Best." Neal’s interest in Kipling’s portrayal of civil engineers at the turn of the last century is contagious.
William Somerset Maugham’s introduction said:
"Kipling was deeply interested in the inventions and discoveries which were then transforming our civilization... He was fascinated by machines and when he was fascinated by a story he wrote about it."
Neal Fitzsimons was especially interested in Kipling’s story about an impending bridge disaster and the work of the engineers to save the bridge. Kipling put faith in technology’s ability to solve the problem. I’ll conclude with an excerpt from one of the short stories called ‘Wireless’:
‘How wonderful!’ I said. ‘Do you mean we’re overhearing Portsmouth ships trying to talk to each other - that we’re eavesdropping across half South England?’
‘Just that. Their transmitters are all right, but their receivers are out of order, so they only get a dot here and a dash there. Nothing clear.’
‘Why is that?’
‘God knows - and Science will know tomorrow.’
